Senate Bill 100

Actions | Amendments
Last Action 03/24/25: signed by Governor (Acts Ch. 78)
Title AN ACT relating to tobacco, nicotine, or vapor product licensure.
Bill Documents Current/Final
Introduced
Fiscal Impact Statement Fiscal Note
Bill Request Number 261
Sponsors J. Higdon, G. Elkins, S. Meredith
Summary of Original Version Amend KRS 438.305 to define terms; create new sections of KRS 438.305 to 438.350 to create the Division of Tobacco, Nicotine, and Vapor Product Licensing within the Department of Beverage Control; give the department investigators the authority to inspect any premise where alternative nicotine products, tobacco products, or vapor products are sold without obtaining a search warrant; require any retailer that sells alternative nicotine products, tobacco products, or vapor products to obtain a tobacco, nicotine, and vapor products license issued by the department; establish penalties for retailers that sell alternative nicotine products, tobacco products, or vapor products without a license; establish conditions under which a license may be revoked; amend KRS 438.310 to establish penalties for retailers and store clerks who sell to individuals under the age of 21; amend KRS 438.313 to prohibit a distributor from distributing alternative nicotine products, tobacco products, or vapor products to any retailer whose license has been revoked; prohibit a distributor from distributing alternative nicotine products, tobacco products, or vapor products to any retailer that has been placed on the tobacco noncompliance database and reporting system; amend KRS 438.337 to allocate 100% of license and application fees to the department; allocate 50% of fines collected to go toward a youth program that educates the youth on the dangers of vaping and tobacco use; require the department to develop and maintain the noncompliance database and reporting system; amend KRS 438.340 to direct the department to promulgate administrative regulations to establish a procedure for administering citations, issuing orders, and filing appeals; amend KRS 438.350 to establish conditions upon which a person under the age of 21 may be required to perform community service or attend a tobacco cessation program; amend various sections of KRS to conform.
Index Headings of Original Version Fiscal Note - Tobacco and vapor products
Drugs and Medicines - Vapor products, sales, penalties, enforcement
Licensing - Tobacco, nicotine, and vapor products license, creation
Occupations and Professions - Retailers, licensing requirements, vapor products
Public Health - Tobacco and vapor products, sales, penalties, enforcement
Tobacco - Tobacco and vapor products, sales, penalties, enforcement
Trade Practices and Retailing - Trade shows, tobacco and vapor products
Boards and Commissions - Division of Tobacco, Nicotine, and Vapor Product Licensing, creation
Public Protection - Vapor products, sales, penalties, enforcement
Vaping - Retailers, licensing requirements, tobacco, vapor products
Jump to Proposed Amendments Senate Committee Substitute 1
Senate Floor Amendment 1
Senate Floor Amendment 2
Senate Floor Amendment 3
Senate Floor Amendment 4
Senate Floor Amendment 5
House Committee Substitute 1
Votes Vote History

Actions

Top | Amendments
02/07/25
  • introduced in Senate
  • to Committee on Committees (S)
02/12/25
  • to Licensing & Occupations (S)
02/18/25
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
  • floor amendment (1) filed to Committee Substitute
02/19/25
  • 2nd reading, to Rules
  • floor amendment (2) filed to Committee Substitute
  • posted for passage in the Regular Orders of the Day for Thursday, February 20, 2025
02/20/25
  • passed over and retained in the Orders of the Day
02/21/25
  • passed over and retained in the Orders of the Day
  • floor amendment (4) filed to Committee Substitute , floor amendment (3-title) filed to bill
02/25/25
  • floor amendment (5) filed to Committee Substitute
  • passed over and retained in the Orders of the Day
02/26/25
  • floor amendment withdrawn Floor Amendments (1) and (2)
  • 3rd reading
  • floor amendment withdrawn Floor Amendment (4)
  • passed 33-3 with Committee Substitute (1), Floor Amendment (5) and Floor Amendment (3-title)
02/27/25
  • received in House
  • to Committee on Committees (H)
03/05/25
  • taken from Committee on Committees (H)
  • 1st reading
  • returned to Committee on Committees (H)
  • to Licensing, Occupations, & Administrative Regulations (H)
03/06/25
  • taken from Licensing, Occupations, & Administrative Regulations (H)
  • 2nd reading
  • returned to Licensing, Occupations, & Administrative Regulations (H)
03/12/25
  • reported favorably, to Rules with Committee Substitute (1)
  • taken from Rules
  • placed in the Orders of the Day
  • 3rd reading, passed 82-11 with Committee Substitute (1)
  • received in Senate
  • to Rules (S)
03/13/25
  • taken from Rules (S)
  • posted for passage for concurrence in House Committee Substitute (1)
  • Senate concurred in House Committee Substitute (1)
  • passed 32-6 with Committee Substitute (1)
  • enrolled, signed by President of the Senate
  • enrolled, signed by Speaker of the House
  • delivered to Governor
03/24/25
  • signed by Governor (Acts Ch. 78)

Proposed Amendments

Top | Actions
Amendment Senate Committee Substitute 1
Summary Retain original provisions except remove nicotine provisions from the definition of "safe harbor certification;" prohibit a wholesaler from providing vapor products to an unlicensed retailer; allow a licensee to request a hearing after the revocation of a license within 30 days; remove references of the tobacco noncompliance database and reporting system; direct the department to make a list of licensees available on its website; amend fines for retailers that sell unauthorized vapor products; direct the Department for Public Health to administer a youth program that targets the dangers of vapor products.
Index Headings Occupations and Professions - Retailers, licensing requirements, tobacco, vapor products
Public Health - Vapor products, youth program, creation
Public Protection - Vapor products, sales, penalties, enforcement
Vaping - Retailers, licensing requirements, tobacco, vapor products

Amendment Senate Floor Amendment 1
Sponsor J. Higdon
Summary Retain original provisions and fine a retail sales clerk $100 for the second and third offense of selling an unauthorized vapor product.
Index Headings Occupations and Professions - Retailers, vapor products, penalties,

Amendment Senate Floor Amendment 2
Sponsor J. Higdon
Summary Retain original provision remove the safe harbor provision for retailers.
Index Headings Occupations and Professions - Retailers, vapor products, penalties
Occupations and Professions - Retailers, vapor products, regulation

Amendment Senate Floor Amendment 3
Sponsor C. McDaniel
Summary Make title amendment.
Index Headings Title Amendments - SB 100

Amendment Senate Floor Amendment 4
Sponsor C. McDaniel
Summary Retain original provisions and require each citation for selling unauthorized vapor products to be specific to the premises of the retail establishment where the violation occurred; exempt a retailer of vapor products that are not intended for sale from being penalized for possessing unauthorized vapor products; prohibit a retail establishment from selling nitrous oxide to persons under 21 years of age; prohibit a retailer that holds a tobacco, nicotine, or vapor product license from selling any form of nitrous oxide; establish penalties for retailers that sell nitrous oxide.
Index Headings Hazardous Materials - Retailers, nitrous oxide, penalties
Occupations and Professions - Retailers, vapor products, penalties
Occupations and Professions - Retailers, vapor products, regulation

Amendment Senate Floor Amendment 5
Sponsor J. Higdon
Summary Retain original provisions; remove safe harbor requirement for retailers; remove penalties for a retail store clerk who sells unauthorized vapor products; prohibit the sale of nitrous oxide to anyone under the age of 21; prohibit the sale of nitrous oxide to any retail establishment that holds a tobacco, nicotine, or vapor product license issued by the department; amend to conform.
Index Headings Hazardous Materials - Retailers, nitrous oxide, penalties
Occupations and Professions - Retailers, vapor products, penalties
Occupations and Professions - Retailers, vapor products, regulation

Amendment House Committee Substitute 1
Summary Retain original provisions, except remove any reference to tradeshows; amend various sections of KRS 438.305 to 438.350 to remove any reference to safe harbor certification; define "authorized nicotine vapor product"; allow investigators to inspect any licensed premises without first obtaining a search warrant; require manufacturers to provide information necessary to establish the definition of "authorized nicotine vapor product" to a wholesaler or retailer distributing or selling the manufacturer's product; create a new section of KRS 438.305 to 438.350 to establish transitional licensing; amend KRS 438.306 and 438.307 to conform; EFFECTIVE, in part, January 1, 2026; EMERGENCY, in part.
Index Headings Occupations and Professions - Retailers, licensing requirements, tobacco, vapor products
Public Health - Vapor products, youth program, creation
Public Protection - Vapor products, sales, penalties, enforcement
Vaping - Retailers, licensing requirements, tobacco, vapor products
Effective Dates, Delayed - Vapor products
Effective Dates, Emergency - Vapor products, effective, in part, January 1, 2026

Last updated: 4/1/2025 2:25 PM (EDT)